|
UPDATE: 6/20/2023 - H.305 was ENACTED on 6/20/2023. The veto of H.305 by Governor Scott was overridden on 6/18/2023 by an Assembly vote of 109 Yeas, 38 Nays and Senate vote of 23 Yeas, and 7 Nays. The bill became effective immediately; Public Act No. 77.
UPDATE: 6/1/2023 - H.305 was VETOED by Governor Phil Scott on 6/1/2023. Read his veto statement is HERE.
UPDATE: 5/26/2023 - H.305 was delivered to Governor Phil Scott on 5/26/2023. Contact Governor Phil Scott at 802-828-3333, ask him to VETO H.305.
UPDATE: 5/9/2023 - H.305 passed the full House in concurrence with the Senate changes on 5/9/2023.
UPDATE: 5/5/2023 - H.305 passed the full Senate in concurrence with the amendment by the Senate Committee on Government Operations on 5/5/2023.
UPDATE: 5/4/2023 - H.305 amendment proposed by the Senate Committee on Government Operations on 4/18/2023 was adopted by the full Senate on 5/4/2023. See the Senate Journal Entry HERE.
UPDATE: 5/3/2023 - H.305 was reported favorably by the Senate Finance Committee by a vote of 5 Yeas, 0 Nays, and 2 Not Voting on 5/3/2023.
UPDATE: 4/18/2023 - H.305 was referred to the Senate Finance Committee per Senate Rule 31 on the Senate floor on 4/18/2023.
UPDATE: 4/18/2023 - H.305 was reported favorably with proposal of an amendment by the Senate Committee on Government Operations on 4/18/2023. View the proposed amendment HERE. This amendment authorizes a pharmacist and a pharmacy technician to administer a COVID-19 or influenza vaccine and subsequent formulations or combination products thereof to a child five years of age and older. This is an expansion of vaccine administration authorization from existing law that only allows pharmacists to administer an influenza vaccine and an expansion of the original bill that does not authorize a pharmacist to administer a vaccine to a child under 18 years of age. NVIC OPPOSES this amendment because it trivializes the very real risks and serious reactions associated with vaccination by allowing pharmacists who are non-medical professionals and lesser trained pharmacy technicians administer possibly life-threatening vaccines to children as young as five years of age. Pharmacists and pharmacy technicians are not educated health care providers and should not be authorized to administer vaccines.
This amendment necessitates a title change in NVIC's Advocacy Portal from "Authorizes pharmacists & pharmacy techs to give all ACIP/CDC recmnd vaccines to adults & pharmacists to give some vaccines to chldrn ages 5 and older," to "Authorizes pharmacists & pharmacy techs to give all ACIP/CDC recommended vaccines to adults & certain vaccines to children ages 5 and older."
UPDATE: 4/14/2023 - H.305 is scheduled for a hearing in the Senate Government Operations Committee on Friday, April 14, 2023, at 2:35 PM in Room 4. View the hearing agenda HERE. Witnesses are welcome to give written or in-person testimony. View the Witness Information for Committee Hearings HERE.
UPDATE: 4/12/2023 - H.305 is scheduled for a hearing in the Senate Government Operations Committee on Wednesday, April 12, 2023, at 1:40 PM in Room 4. View the hearing agenda HERE. Witnesses are welcome to give written or in-person testimony. View the Witness Information for Committee Hearings HERE.
UPDATE: 4/5/2023 - H.305 is scheduled for a hearing in the Senate Government Operations Committee on Wednesday, April 5, 2023, at 1:30 PM in Room 4. View the hearing agenda HERE. Witnesses are welcome to give written or in-person testimony. View the Witness Information for Committee Hearings HERE.
UPDATE: 3/31/2023 - H.305 is scheduled for a hearing in the Senate Government Operations Committee on Friday, March 31, 2023, at 1:35 PM in Room 4. View the hearing agenda HERE. Witnesses are welcome to give written or in-person testimony. View the Witness Information for Committee Hearings HERE.
UPDATE: 3/21/2023 - H.305 is scheduled for a hearing in the Senate Government Operations Committee on Tuesday, March 21, 2023, at 1:40 PM in Room 4. View the hearing agenda HERE. Witnesses are welcome to give written or in-person testimony. View the Witness Information for Committee Hearings HERE.
UPDATE: 3/2/2023 - H.305 was taken up by the Senate and referred to the Senate Government Operations Committee on 3/2/2023.
UPDATE: 2/28/2023 - H.305 passed the full House on 2/28/2023. See House Journal HERE.
UPDATE: 2/16/2023 - H.305 is scheduled for a hearing in the House Government Operations and Military Affairs Committee on Thursday, February 16, 2023, at 1:00 PM in Room 10. View the hearing agenda HERE. Witnesses are welcome to give written or in-person testimony. View the Witness Information for Committee Hearings HERE.
UPDATE: 2/15/2023 - H.305 is scheduled for a hearing in the House Government Operations and Military Affairs Committee on Wednesday, February 15, 2023, at 1:00 PM in Room 10. View the hearing agenda HERE. Witnesses are welcome to give written or in-person testimony. View the Witness Information for Committee Hearings HERE.
UPDATE: 2/9/2023 - H.305 is scheduled for a hearing in the House Government Operations and Military Affairs Committee on Thursday, February 9, 2023, at 9:00 AM in Room 10. View the hearing agenda HERE. Witnesses are welcome to give written or in-person testimony. View the Witness Information for Committee Hearings HERE.
H.305 was introduced in the House on 2/22/2023. This bill is sponsored by the House Government Operations and Military Affairs Committee.
H.305 authorizes a pharmacist to prescribe, order, or administer any vaccination to individuals 18 years of age and older that is recommended by the US Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices (ACIP) according to ACIP-approved vaccine schedules, including any future amendments to the ACIP and CDC-recommended schedule. This is an expansion of existing law that authorizes a pharmacist to prescribe, order, or administer an influenza vaccine to an individual 18 years of age and older. This bill also authorizes a pharmacy technician to administer vaccines subject to certain requirements. Existing law does not permit a pharmacy technician to administer vaccines to any individual.
SECTION 7. of H.305 amends 26 V.S.A. § 2022, related to pharmacy profession and occupation definitions, to extend the authority to administer vaccines to a pharmacy technician, summarized as follows:
(14) "Pharmacy technician" means an individual who performs tasks while assisting and under the supervision of a licensed pharmacist relative to administering vaccines in compliance and accordance with Section 2042a of this title. Existing law does not authorize a pharmacy technician to administer vaccines.
SECTION 8. of H.305 amends 26 V.S.A. § 2023, related to clinical pharmacy and prescribing, to (vii) expand the list of vaccines a pharmacist is authorized to order, prescribe, and administer to include all US Centers for Disease Control and Prevention's (CDC) Advisory Committee on Immunization Practices (ACIP) recommended vaccines according to ACIP-approved vaccine schedules, including any future amendments to the ACIP and CDC recommended schedule.
SECTION 9. of H.305 amends 26 V.S.A. § 2024a, related to pharmacy technicians and qualifications for registration, to expand the duties of a pharmacy technician to include (b) the administration of vaccines to individuals age 18 and older subject to certain requirements, including (1) must hold a registration as a pharmacy technician in accordance with subsection (a) of this section; (2) hold a current CPR certification; (3) have successfully completed an Accreditation Council of Pharmacy Education-accredited training program approved by the Board of Pharmacy; and (4) successfully completed two hours of vaccine-related education approved by the Accreditation Council for Pharmacy Education every two-year licensing period.
(c) The pharmacy technician is limited to the following restrictions when administering vaccines, including (1) the individual must be 18 years of age and older; (2) administration must follow the ACIP schedule; and (3) a licensed pharmacist must be present and able to assist with vaccination as needed.
(d) The pharmacy technician is limited to the following restrictions on which vaccines they can administer, including (1) the vaccine must be recommended by the CDC and ACIP; and (2) the vaccine must be on the list of those a pharmacist in the state is authorized to administer.
(f) authorizes the Vermont State Board of Pharmacy to adopt rules regarding the administration of vaccines by pharmacy technicians.
If the bill passes, its provisions will take effect immediately.
NVIC OPPOSES H.305 because it trivializes the very real risks and serious reactions associated with vaccination by allowing pharmacists who are non-medical professionals and lesser trained pharmacy technicians administer possibly life-threatening vaccines to adults. Pharmacists and pharmacy technicians are not educated health care providers and should not be authorized to administer vaccines. Individuals in these professions do not have adequate training on vaccines risks, prescreening, contraindications, emergency interventions for reactions, reporting reactions to the Vaccine Adverse Events Reporting System (VAERS), and advising patients on the statute of limitations and instructions for filing a claim with the National Vaccine Injury Compensation Program.
Vaccine Information Statements list many reasons for which individual's should not be vaccination, and it is unlikely that a pharmacist or pharmacy technician is able to perform a complete contraindication prescreening the way a licensed physician is tasked with doing in office prior to vaccine administration. Additionally, a pharmacist or pharmacy technician are not trained to identify a life-threatening reaction to vaccination when it occurs, like cardiac arrest, anaphylaxis, or fainting, and act accordingly to save the life of someone who reacts at the time of vaccination. Additionally, this bill undermines the doctor patient relationship and removes critical health history screenings prior to vaccination. Neither pharmacists nor lesser qualified pharmacy technicians have the necessary medical history of an individual to determine if vaccination is contraindicated based on personal or family medical history.
Vaccines, just like all pharmaceutical products, can cause injury and even death. As of May 1, 2024, the United States Government has paid out more than 5.22 billion dollars to vaccine victims through the National Vaccine Injury Compensation Program (VICP). As of July 26, 2024, there were 48,217 deaths and 2,618,691 adverse events reported to VAERS. Clearly, there are dangers associated with vaccines that should not be ignored by expanding the list of vaccines pharmacists are authorized to administer and extending the authorization to administer said vaccines to pharmacy technicians when both professions are not medically trained like doctors and nurses who traditionally administer vaccines.
There is no doubt the pharmacy groups will support H.305, but it presents a serious conflict of interest because of the financial benefits they will receive if this bill passes. America’s biopharmaceutical research companies are developing 258 vaccines. The U.S. Vaccine Market alone was $36.45 billion in 2018 and is expected to reach $58.4 billion by 2024. Pharmacies stand to increase their profits substantially by allowing pharmacists and pharmacy technicians to put those shots into customers. This conflict is compounded by the fact that neither pharmacists nor pharmacy technicians will have liability for the injuries and deaths caused by the vaccines they administer. Vaccines administrators are shielded from liability for vaccine injuries and deaths through the combination of the law passed by Congress in 1986 establishing the National Vaccine Injury Compensation Program and the 2011 Supreme Court Decision BRUESEWITZ ET AL. v. WYETH LLC, FKA WYETH, INC., ET AL.
https://legislature.vermont.gov/bill/status/2024/H.305 - text, status, and history of H.305.
|